The State Of Bihar vs Sheo Nandan Singh
2023 Latest Caselaw 193 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.982 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.3965 of 2016
     ======================================================

Sheo Nandan Singh, Son of Late Banarsi Singh, resident of Village Singhchak, P.S. Chanan, District Lakhisarai at present residing at Babu Tola, Amarpur, Road, P.S. Banka, District Banka.

... ... Appellant/s Versus

1. The State of Bihar through the Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Secretary, General Administration, Government of Bihar, Patna.

5. The Secretary, Rural Works Department, Government of Bihar, Patna.

6. The Joint Secretary, Rural Works Department, Government of Bihar, Patna.

7. The Special Secretary, Rural Works Department, Government of Bihar, Patna.

8. The Deputy Secretary, Rural Works Department, Government of Bihar, Patna.

9. The Engineer-in-Chief-cum-Additional Commissioner, - cum - Special Secretary, Road Construction Department, Government of Bihar, Patna.

10. The Secretary, Road Construction Department, Government of Bihar, Patna.

11. The Joint Secretary, Road Construction Department, Government of Bihar, Patna.

12. The Deputy Development Commissioner, (DDC), Munger.

13. The Block Development Officer, Lakhisarai Block District-Lakhisarai.

14. The Bihar Public Service Commission, (BPSC), Bailey Road, Patna through its Secretary.

... ... Respondent/s ====================================================== with Letters Patent Appeal No. 149 of 2020 In Civil Writ Jurisdiction Case No.3965 of 2016 ======================================================

1. The State of Bihar through the Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Departmnet, Government of Bihar, Patna.

Patna High Court L.P.A No.982 of 2019 dt.17-01-2023

3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Secretary, General Administration, Government of Bihar, Patna.

5. The Secretary, Rural Works Department, Government of Bihar, Patna.

6. The Joint Secretary, Rural Works Department, Government of Bihar, Patna

7. The Special Secretary, Rural Works Department, Government of Bihar, Patna.

8. The Deputy Secretary, Rural Works Department, Government of Bihar, Patna.

9. The Engineer-in-Chief-Cum-Additional Commissioner-Cum-Special Secretary, Road Construction Department, Government of Bihar, Patna.

10. The Secretary, Road Construction Department , Government of Bihar, Patna.

11. The Joint Secretary, Road Construction Department, Government of Bihar, Patna.

12. The Deputy Development Commissioner, (DDC), Munger.

13. The Block Development Officer, Lakhisarai Block, District-Lakhisarai.

... ... Appellant/s Versus

1. Sheo Nandan Singh Son of Late Banarsi Singh Resident of Village Singhchak, P.S.-Chanan, District-Lakhisarai at Presently residing at Babu Toal, Amarpur Road, Banka. District-Banka.

2. The Bihar Public Service Commission, (BPSC), Bailey Road, Patna through its Secretary.

... ... Respondent/s ====================================================== Appearance :

(In Letters Patent Appeal No. 982 of 2019) For the Appellant/s : Mr. Ashok Kumar Chaudhary, Sr. Advocate Mr. Bhola Kumar, Advocate Mr. Akshansh Ankit, Advocate For the Respondent/s : Mr. Dhirendra Kumar, AC (In Letters Patent Appeal No. 149 of 2020) For the Appellant/s : Mr. Dhirendra Kumar, AC For the Respondent/s : Mr. Ashok Kumar Chaudhary, Sr. Advocate Mr. Bhola Kumar, Advocate Mr. Akshansh Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 17-01-2023 Patna High Court L.P.A No.982 of 2019 dt.17-01-2023

Heard these two Letters Patent Appeals filed by Sheo

Nandan Singh and State of Bihar insofar as challenge to the order

of the learned Single Judge dated 02.05.2019 passed in CWJC No.

3965 of 2016.

02. Appellant-Sheo Nanadan Singh was involved in two

criminal cases while he was in service. He was convicted in both

the criminal proceedings on 21.12.2010. Taking note of the

conviction order, the State proceeded to dismiss appellant-Sheo

Nandan Singh on 31.12.2015, i.e., after five years from the date of

conviction dated 21.12.2010. Before the appellate Court, in both

the Criminal Appeals, he has been acquitted on 02.08.2017 and

13.02.2019 respectively.

03. In this backdrop, question for consideration is

whether the appellant-Sheo Nandan Singh is entitled to monetary

benefits during the period from the date of dismissal, i.e.

31.12.2015 till 31.01.2017, the date on which he would have

retired from service, if he were in service. The appellant-Sheo

Nandan Singh submitted representation to the State to regulate the

intervening period from the date of dismissal till date of acquittal

or till date of retirement in the month of January, 2017.

04. Learned counsel for the appellant submitted that the

learned Single Judge has committed error in not quashing the order Patna High Court L.P.A No.982 of 2019 dt.17-01-2023

of dismissal dated 31.12.2015. At the same time, he has taken a

decision that the appellant-Sheo Nandan Singh is not entitled to

any monetary benefits during the intervening period from the date

of dismissal, i.e., 31.12.2015 till acquittal. However, he has made

an observation that Appellant-Sheo Nandan Singh is entitled to

pension from 18.02.2019. To that effect, the learned Single Judge

has committed error.

05. Learned counsel for the State resisted the aforesaid

contention of the appellant and further submitted that as long as

order of dismissal is not set aside by the learned Single Judge

question of extending any pensionary benefits is not warranted.

Therefore, ordering pension by the learned Single Judge is

incorrect.

06. Heard learned counsels for the respective parties.

07. Undisputed facts are that Appellant-Sheo Nandan

Singh was involved in two criminal proceedings in which he was

convicted on 21.12.2010. Based on conviction he has been

dismissal from service on 31.12.2015. He had preferred criminal

appeals and it was allowed on 02.08.2017 and 13.02.2019. Thus,

both the orders of conviction dated 21.12.2010 were set aside. In

this backdrop, question is whether the appellant-Sheo Nandan

Singh is entitled to service benefits and pensionary benefits or not?

Patna High Court L.P.A No.982 of 2019 dt.17-01-2023

08. Dismissal order is based on the conviction and it is

not outcome of departmental inquiry. If the conviction order is set

aside in a criminal appeal, in that event, the appellant is entitled to

regulate the services depending upon the facts of the case. In the

present case, inadvertently learned Single Judge has not set aside

the order of dismissal dated 31.12.2015. Accordingly, we

proceeded to set aside the order of dismissal dated 31.12.2015.

09. Appellant-Sheo Nandan Singh is not entitled to

monetary benefits from the date of dismissal, i.e., from 31.12.2015

to 31st January, 2017 as he has not discharged the duties of the

post. Further, if an employee is convicted and acquitted later the

intervening period cannot be regulated as a duty. In other words,

tax payer money cannot be paid to an accused. No doubt he has

been acquitted in both the criminal proceedings on 02.08.2017 and

13.02.2019. At the same time, during the intervening period from

the date of dismissal, i.e., dated 31.12.2015 till 13.02.2019, he was

a convicted person.

10. In the light of these facts and circumstances, order of

the learned Single Judge dated 02.05.2019 passed in CWJC No.

3965 of 2016 stands modified. The appellant-Sheo Nandan Singh

is entitled to only monetary benefits from 1st February, 2017 with

reference to the date that had he been in service he would have Patna High Court L.P.A No.982 of 2019 dt.17-01-2023

attained the age of superannuation and retired from service on 31st

January, 2017. The intervening period from 31.12.2015 to

31.01.2017 be counted for the purpose of fixation of pension only.

He is entitled to arrears of pension from 1 st February, 2017 till date

the same shall be calculated and disbursed in favour of him within

a period of three months from the date of receipt of this order.

11. Accordingly, Letters Patent Appeal No. 982 of 2019

filed on behalf of Appellant-Sheo Nandan Singh stands allowed

and Letters Patent Appeal No. 149 of 2020 filed on behalf the

State of Bihar stands rejected.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J) Vikash/-

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